When used effectively, artificial intelligence, or “AI,” can eliminate much bias in decision-making. However, when misused, AI may actually promote the same bias it should thwart. Generally, employers use AI in the workplace through supervised machine learning (SML) during the ...
Read More »Employer can be sued for retaliation
Given some evidence that an employer’s proffered reasons for firing a former employee could be construed as pretextual, a lawsuit alleging that the termination was made in retaliation for the employee’s complaint about workplace racial discrimination can go forward. While ...
Read More »Prompt Pay Act means business
For executives involved in Massachusetts construction projects, the routine pay applications that are exchanged in the ordinary course of business must now receive their utmost attention — as any failure to reject a pay application in strict accordance with the ...
Read More »Two nursing facilities ordered to pay back wages
Two nursing facilities have been ordered to pay a total of $513,368 in back wages and liquidation damages to 231 nursing staff for Fair Labor Standards Act (FLSA) violations. The U.S. District Court for the Middle District of Pennsylvania has ...
Read More »ADA ‘tester’ can sue over website’s non-compliance
A “tester-plaintiff” had standing to sue over a hotel reservation website’s alleged failure to comply with federal regulations governing accessibility for the disabled, even if she had no plans to actually book a room at the hotel, a federal appellate ...
Read More »Companies’ 401(k) plan management under greater scrutiny
As Benjamin Franklin once said, “nothing is certain except death and taxes.” While at their core, Franklin’s words ring true today, there are more things we can predict with good certainty given our access to data. For example, employers can ...
Read More »EEOC must track intake timing by field office
On average, the U.S. Equal Employment Opportunity Commission (EEOC) takes 69 days to process a discrimination claim. The slowest office took 111 days while the fastest office took just 11, according to findings from the U.S. Government Accountability Office (GAO), ...
Read More »Demystifying legal transformation and its role in helping the enterprise
Companies, more than ever, are striving for an edge in today’s uncertain business environment. As organizations brace for the possibility of a recession, calls from the C-Suite to cut costs and improve profit margins are mounting pressure on legal departments. ...
Read More »Bankrupt employer can avoid debt from Wage Act judgment
A U.S. Bankruptcy Court judge in Massachusetts has found that a judgment debt owed by a contractor to two workers in their state Wage Act case can be discharged. Plaintiffs Julio Simoes and Eduardo Pereira, who performed construction work for ...
Read More »Employment claim upheld where transfer was denied
A federal appeals court has held that repeated denials of transfer requests can constitute an adverse employment action supporting a gender discrimination claim. The employee was a female detective who was highly educated in forensic sciences. During her 14-year tenure ...
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